Small v. COCA-COLA BOTTLING COMPANY OF MISSOULA

THE HONORABLE ERNEST E. FENTON, District Judge,

sitting in place of MR. JUSTICE BOTTOMLY:

Appeal from a judgment of the district court in Missoula County dismissing with prejudice the action brought by appellant upon a contract for the sale to the respondent corporation of thirty-five shares of its capital stock. The total sale price specified by the contract was $52,500, on which a down payment of $15,000 and two annual installments of $2,500 each, plus interest, were paid. The contract was entered into on March 27, 1947, and on April 1, 1949, it was modified by reducing the annual…